Question 1: What does the “document setter” on the voucher box mean? Who compiled the content and put it in?
Question 2: The letter requested further investigation into this case. The administrative law enforcement publicity system is in order to further implement the urban management law enforcement system and law enforcement procedures and ensure that administrative law enforcement This system is formulated to ensure that the punishment work is open, fair and impartial, and to ensure that the law enforcement department of the Urban Management Bureau administers in accordance with the law, is honest and efficient.
1. Publicly and clearly state the basis, responsibilities and scope of the department’s administrative law enforcement.
2. Disclose the positions and responsibilities of law enforcement personnel.
3. Disclosure of administrative penalty procedures and enforcement results.
4. Disclose the obligations that administrative parties should perform and the rights they enjoy according to law.
5. Disclose the supervision system for the work of receiving and responding to letters from the masses.
6. Open the integrity supervision mechanism for handling illegal cases.
7. Administrative law enforcement announcements can be made by posting the system on the wall, printing and distributing brochures, etc.
8. From the date of promulgation of this system, all units in the urban management system shall make administrative law enforcement announcements in accordance with the above content and in conjunction with their own law enforcement requirements. Administrative law enforcement supervision system In order to improve the level of urban management administrative law enforcement, implement administrative penalties accurately, timely and comprehensively, and strengthen the supervision and management of the style and discipline of the urban management administrative law enforcement team, this system is specially formulated.
1. The administrative law enforcement team of Xilinhot City Urban Management Bureau must strictly accept the supervision of the Municipal People’s Government’s legal affairs department.
2. While accepting the supervision of the *** legal affairs department, the Urban Management Bureau must also accept the supervision of the people, the news and public opinion, and the supervision of the National People's Congress, the Chinese People's Political Consultative Conference and relevant social groups in accordance with the law.
(1) The Urban Management Bureau has set up a public reporting hotline, established a system for receiving letters and visits, accepts complaints and reports from parties and citizens about urban management law enforcement, and implements confidentiality measures for whistleblowers.
(2) The problems existing in urban management law enforcement work reflected by radio, television, newspapers and other media must be carefully investigated and dealt with, and timely feedback must be provided.
3. The Legal Inspection Office of the Agency is an administrative law enforcement supervision and management agency. It supervises the subordinate law enforcement teams, is responsible for complaints and reports on urban management and administrative law enforcement, and receives letters and visits, and investigates and handles violations of urban management law enforcement. case.
4. The main responsibilities of the Legal Supervision Office are:
(1) Organize and formulate annual plans and work plans for administrative law enforcement supervision and inspection;
(2) Establish and improve the administrative law enforcement supervision and inspection system;
(3) Responsible for the organizational work of administrative law enforcement supervision and inspection;
(4) Accept complaints from the masses against law enforcement team members;
(5) Other administrative law enforcement supervision work.
5. The main contents of administrative law enforcement supervision include:
(1) Implementation of relevant provisions of the "Administrative Penalty Law";
(2) Administrative penalties Legality and rationality;
(3) Legality of administrative law enforcement procedures and standardization of law enforcement documents;
(4) Whether statutory duties are performed;
< p> (5) Whether the legal authority has been exceeded;(6) Whether the law enforcement procedures of law enforcement officers are correct;
(7) Whether the behavior of law enforcement officers is civilized and standardized, and whether there is any abuse of power for personal gain or corruption. Bribery, abuse of power, dereliction of duty and other illegal activities;
(8) Other matters subject to supervision.
6. Main methods of administrative law enforcement supervision:
(1) Implement a law enforcement work reporting system and require those under supervision to provide relevant information;
(2) On-site inspections, key investigations and special inspections;
(3) Access to law enforcement case files and other relevant documents;
(4) Conduct random inspections and assessments of law enforcement personnel;
< p> (5) Accept relevant letters, visits and complaints;(6) Review major administrative penalty filing cases;
(7) Other methods deemed necessary.
7. Problems discovered by the Legal Inspection Office during the supervision of administrative law enforcement shall be handled in accordance with the following provisions:
(1) Administrative acts that violate the "Administrative Penalty Law" shall be reported to the urban management The bureau shall revoke or correct it;
(2) Cancel administrative penalty cases that exceed law enforcement authority and transfer them to relevant agencies for processing;
(3) Law enforcement personnel seriously violate the law or abuse their power for personal gain , Corruption, bribery, or dereliction of duty, it is recommended that the competent authorities cancel their administrative law enforcement qualifications and investigate their administrative responsibilities in accordance with the law; if a crime is constituted, they will be transferred to the judicial authorities to investigate their criminal responsibilities in accordance with the law.
8. If the law enforcement department and its staff refuse to accept supervision or fail to cooperate with the supervision work, and still do not make corrections after criticism and education, the Legal Supervision Office will recommend that the person in charge be given administrative sanctions.
9. This system will be implemented from the date of promulgation. Administrative Law Enforcement Work Procedures In order to ensure that city management law enforcement personnel carry out law enforcement work in a fair, accurate and timely manner, administer in strict accordance with the law, and safeguard the legitimate rights and interests of citizens, legal persons and other organizations, in accordance with the "Administrative Punishment Law" and relevant regulations, combined with the actual situation of this city, Develop this procedure.
1. Notification Procedures
(1) Before making an administrative penalty decision on a party, law enforcement officers must first fulfill their notification obligations, regardless of whether they apply simple procedures or general procedures. Obligatory administrative penalty decisions have no legal effect.
(2) Content of notification: the illegal facts of the parties;...>>
Question 3: The entire format of the administrative penalty case file, the order of the document combination of the on-the-spot administrative penalty procedure Table of Contents On-the-spot administrative penalty decision letter delivery receipt, fine receipt, investigation link (blue link), investigation and evidence collection related materials (arranged by time) 2. Cataloging and binding of case files (1) Document numbers in the volume After the order of the documents in the volume is determined , use *** numbers to write the sequence number of the document paper to fix the order of the documents and facilitate document retrieval. The numbers must be compiled carefully and accurately to avoid missing or repeated numbers. 1. Numbering method: Except for blank paper, all documents in the volume, including text and diagrams, are numbered on both sides of the page. Numbering can be done with a numbering machine or a pen. 2. If the numbering position is bound on the left side of the file, the page number in the volume will be numbered in the upper right corner of the file; if the file is bound on the right side, the page number will be numbered in the upper left corner of the file. Photos, charts, etc. that are difficult to number on the front should be numbered in the upper left corner of the back. (2) Fill in the directory of files in the volume 1. The sequence number is the serial number of the files in the volume. Take the document as a unit, and each document is numbered. 2. The title is the title of the document and is the main part of the document directory in the volume. 3. The page number is the number of the page where the document is located in the volume. Fill in the starting page number of each document. If there are 10 copies of the first document, fill in "1"; for the second document, fill in "11". (3) Fill in the Preparation Form within the paper. The Preparation Form within the paper is for the examiner to fill in any information that he or she thinks needs to be explained and explained when setting up the paper. Its items include: Description of the paper (such as whether the documents in the paper are complete, Whether it is damaged, whether there are documents of important value or special significance, etc.); the person who filed the file; the time when the file was filed (to be filled in by the person who filed the file); the inspector (signed by the person who reviewed the file quality). The steps for binding case files are as follows: 1. Remove metal objects. Many documents have metal objects such as staples and paper clips on them, which will easily rust and corrode the documents after a certain period of time. Before binding the case files, all metal objects must be removed. Be careful not to damage the files when removing. 2. Repair and paste. Damaged and substandard documents must be repaired and pasted. For those documents and materials that have no binding position and have writing on the binding line that are not convenient for binding, use white paper strips without words to paste and add edges. Small tags, notes, etc. that often appear in the volume can be pasted on A4 white paper. Damaged documents and materials should be repaired to a certain extent. 3. Copying For materials written or copied with non-pen (or water pen), another copy must be made for archiving. The original is in the front and the copy is in the back. 4. Binding The purpose of binding the files is to protect the files from damage and facilitate storage and use. The binding should be neat, firm and not affect reading. When binding, the entire volume of documents should be folded and collected, and then bound using the three-eye and one-line method. It is better to use wax thread for the binding of the case file, and tie the knot on the bottom roll of the document. It should be firmly tied, without suppressing the writing, without inverting or falling pages, and without damaging the document. (5) Fill in the case file cover. The case file cover must be filled in with a pen or ink pen in block letters. The handwriting must be neat, clear, solemn and eye-catching.
The items on the cover of the case file include the file number: ( ) Wei ( ) Case ( ) Year ( ) No. Cause of action: the origin of the specific case investigated, that is, the specific illegal behavior of the parties investigated. Case handling agency: The name of the health administrative agency responsible for handling the case (Xiamen Municipal Health Bureau). Punished unit (person): Full name of the person being punished Person in charge: Two or more case handlers Case acceptance date: Case acceptance time, case filing date, appeal date, case closing date, filing date, retention period, file classification (default) ( 4) Binding of case files According to the relevant provisions of Article 26 of the "Implementation Rules for Health Administrative Punishments of Xiamen Municipal Health Supervision Institute" (Trial): the business department shall submit the general procedure (including hearing procedures) case files that have been closed in the previous month before the 5th of each month. After sorting and binding, they will be sent to the Health Supervision and Inspection Section; the summary procedure case file shall be submitted to the Health Supervision and Inspection Section in accordance with the above requirements within five working days after the party concerned fulfills the penalty decision. The files of administrative penalty cases are kept uniformly by the Health Supervision and Inspection Section.
Question 4: Is it correct to borrow unopened files with the approval of the relevant leaders? According to relevant regulations, it mainly includes two aspects: opening files means lifting the "confinement" of files that can generally be disclosed and have expired confidentiality, and open them to The society is open and allows file users to develop and utilize it in certain ways after completing simple procedures. The Archives Law of the People's Republic of China stipulates that archives kept by archives should generally be open to the public for 30 years from the date of formation. The period of opening to the public of economic, scientific, technological, cultural and other types of archives can be less than 30 years, and the period of opening to the public of archives involving national security or major interests and other expired documents that should not be opened to the public can be longer than 30 years. All Chinese citizens or units holding a letter of introduction from their unit, a resident ID card, or a work permit can use the original or copied files that have been opened after being verified by the archives. Most of the files currently in the Dongxing District Archives are unopened files, and access to unopened files must be in accordance with relevant regulations. Here is a description of the marriage files that people are most concerned about and have the highest utilization rate as follows. There are three situations for checking marriage files. (1) The parties to the marriage can check their marriage registration files with their own identity cards (military personnel submit their military IDs); (2) If the parties to the marriage are unable to check in person for some reason, they can apply for a power of attorney and entrust others to handle it on their behalf. It shall be notarized by a notary authority; the trustee shall submit a copy of the identity document and power of attorney of the party notarized by the notary authority. The power of attorney should state the time when the party registered the marriage and the agency responsible for it, the current marital status, the reason for the entrustment, the name and ID number of the person entrusted; after the death of the party, his close relatives apply for the issuance of the party's certificate due to inheritance, etc. If the marriage registration record is proved, the death certificate of the party concerned, the applicant’s identity document and proof of close relative relationship with the party shall be submitted; (3) If other units, organizations and individuals request to review the marriage registration files, the archives department shall confirm that they are If the purpose of use is reasonable, it can only be reviewed with the approval of the leader in charge; in order to confirm the marriage relationship of the parties, the people's courts, people's procuratorates, public security and security departments can check the marriage registration files with a letter of introduction from the unit and their valid IDs; lawyers and During the litigation process, other litigation agents can check the marriage registration files related to the litigation with the certification materials issued by the court that accepted the case and their valid IDs. Chen Shaomin first talked about a case: There was an enterprise that wanted to expand its business scale and set up a project in the province. To expand its business scale, the original documents of the establishment of the enterprise were needed. Since the enterprise did not keep the original documents of its establishment, come to our library to search. From the catalog I found this document online, but when I mentioned the case file, I unexpectedly discovered that there was no original document for the establishment of the company. At that time, the staff was puzzled and searched repeatedly to no avail. Finally, I found it on the preparation sheet of the case file. This document had been borrowed and taken away by someone before it was admitted into the library. The date of signing was before entering the library, and it was signed with the name of the user at that time. Let me talk about another case: that happened when the author was working in the county archives. A standing committee member of the county wanted to write an organizational work report and sent someone to the archives to borrow a bound volume of the People's Daily. At that time, he asked the secretary to write an IOU and repeatedly emphasized that it would be returned as soon as it was used, but the archives staff repeatedly urged him to do so. Many times, this bound volume has not been recovered, causing certain losses to the data storage. Although of the two cases, one was borrowing files from the archives and lost them, the other was borrowing materials from the archives and losing them.
However, there is also the risk of losing files when borrowing files from archives, and some archives may have already lost files when borrowing files. So how to prevent this from happening? Apparently this could be avoided by not borrowing the archives. Can the archives not borrow files? With this question in mind, the author flipped through the Archives Law and the Implementation Measures of the Archives Law. Surprisingly, I did not find the word "borrow" in them. So how do archives regulations stipulate the use of archives? Article 22 of the "Measures for the Implementation of the Archives Law" stipulates: "The utilization of archives as mentioned in the Archives Law refers to the reading, copying and excerpting of archives." Does the "reading of archives" mean the borrowing of archives? ? It is explained in the "Interpretation of the Implementation Measures of the Archives Law": Reading "refers to the user going to the specially designed reading room, reception room and other places in the archives (room) to check the original archives or archive microforms or copies they need. "[1] The explanation here is very clear, and there is no meaning of "borrowing" at all.
Looking at the Archives Law and the Implementation Measures of the Archives Law, the legislative idea of ??prohibiting the borrowing of archives is very clear. Of course, its legislative idea is not to restrict the use of archives. On the contrary, it is to use the production of archives. .....>>
Question 5: For cases that have been filed for investigation, when should law enforcement officers conduct a collegial administrative enforcement disclosure system? Improve the implementation of urban management enforcement procedures to ensure the fairness of administrative penalties. , Fairness and fairness ensure that the enforcement department of the Urban Management Bureau formulates this system in accordance with the administration, integrity and efficiency, and clearly states the basis of the department's administrative enforcement, scope of responsibilities 2. Public enforcement positions, responsibilities 3. Public administrative penalty procedures, enforcement results 4. Public administration management Corresponding performance of obligations and enjoyment of rights 5. Supervision system for responses to public letters and visits and receptions 6. Integrity supervision mechanism for public handling of violation cases 7. Administrative enforcement publicity adopts system wall, printing and distribution of brochures 8. Urban management system since the announcement of this system Each unit should carry out administrative enforcement disclosure according to the content and its own enforcement requirements. The administrative enforcement supervision system improves the accuracy, timeliness and comprehensive implementation of administrative penalties in urban management and administrative enforcement. Strengthen the supervision and management of the style and discipline of the urban management administrative enforcement team. This system is specially formulated by the Xilinhot City Urban Management Bureau. The administrative enforcement team must strictly accept the supervision of the public security department. 2. The Urban Management Bureau accepts the supervision of the public security department. It must also accept the supervision of the masses, the news and public opinion, and the supervision of the CPPCC and relevant social groups. () The urban management bureau establishes a public report Establish a letter and visit reception system to accept complaints and reports from citizens about urban management enforcement work and implement confidentiality measures. (2) Problems in urban management enforcement work reported by radio, television, newspapers and other media must be carefully investigated and dealt with and provided feedback. 3. Institutional Supervision Office The administrative enforcement supervision and management agency is affiliated to each enforcement team to supervise and be responsible for complaints and reports on urban management and administrative enforcement***. Receive investigations and handle urban administration enforcement violation cases. 4. The main responsibilities of the system inspection office: () Organize and formulate administrative enforcement supervision and inspection plans plan; (2) Establish and improve the administrative enforcement supervision and inspection system; (3) Responsible for the organization of administrative enforcement supervision and inspection; (4) Accept complaints from mass enforcement team members; (5) Its administrative enforcement supervision work 5. The main contents of administrative enforcement supervision: () The implementation of the relevant provisions of the "Administrative Penalties"; (2) The legitimacy and rationality of the administrative penalties; (3) The compliance of administrative enforcement procedures and the standardization of enforcement documents; (4) Whether to perform prescribed duties; (5) Whether to exceed prescribed authority; (6) Whether the executive procedures are correct; (7) Whether the executive's behavior is civilized and standardized, and he violates laws such as seeking power for personal gain, corruption and bribery, abuse of power, dereliction of duty, etc.; (8) Matters that he should be subject to supervision 6. Main administrative supervision Form: () Implement the enforcement work reporting system and require supervisors to provide relevant information; (2) On-site inspections and special inspections for key investigations; (3) Access to enforcement case files and relevant documents; (4) Enforcement officers conduct random inspections and assessments; (5) Accept letters, visits and appeals; (6) Review cases with serious administrative penalties; (7) If necessary, adopt the following methods. 7. Issues found in the administrative enforcement supervision procedures of the Supervisory Office shall be dealt with in accordance with the following provisions: () Violation of the "Administrative Penalty" The administrative action shall be reported to the Urban Management Bureau for cancellation or correction; (2) Administrative penalty cases exceeding the authority shall be revoked and transferred to the relevant authorities for processing; (3) If the executive seriously violates power, seeks personal gain, embezzles and bribes, or neglects his duties, it is recommended that the competent department cancel his/her administrative execution. The administrative responsibility will be investigated according to the qualifications; the driver will be transferred to the driver's office for criminal responsibility according to the qualifications. 8. The law enforcement department and its staff refuse to accept supervision or cooperate with the supervision work. After criticism and education, the supervisory office recommends that the responsibility be given to the administrative department. 9. This system Since the announcement, the administrative enforcement work regulations have been implemented to ensure that the city management and enforcement work is carried out strictly in accordance with the administration and safeguard the rights and interests of citizens, their organizations and in accordance with the relevant provisions of the "Administrative Penalties" and the actual implementation of this city. Develop these regulations and notification procedures () Before making an administrative penalty decision, whether applying simplified procedures or applying general procedures, the executive must first fulfill the notification obligation and fulfill the notification obligation. Legal validity of the decision on administrative penalty (2) Content of notification: violation of facts; basis for administrative penalty; basis for enjoying the matter Rights to state, defend, apply for administrative reconsideration, initiate administrative litigation, etc. (3) Notification form: Generally, the written notification form is applicable to the summary procedure. Oral notification when making administrative penalty decisions. 2. Scope of application of summary procedure () 1. The violation of facts is confirmed and the basis is determined. 2. The citizen shall be fined 50 yuan, or his organization shall be fined 1,000 yuan or given an administrative penalty. (2) The administrative penalty decision shall be made by the officer in accordance with the simplified procedure. (3) Procedures to be performed 1. Salute and show execution Document 2. Notification of the facts of the violation, basis for punishment and rights
3. The officer should fill in the "Inspection (Inspection) Record" to record the on-site situation. 4. If the matter is ordered to be corrected immediately or corrected within a time limit, a "Notice of Ordered Correction" should be issued to the person who ordered the matter to be corrected immediately or within a time limit. 5. The time limit for immediate change or change within a time limit shall be deemed to be the fixed time limit for the project to be corrected. : ① If the circumstances are minor, the correction shall be ordered immediately; ② If the circumstances are serious and the tendency is to extend, the correction shall be within 3 years; ③ If the circumstances are complex and the correction involves other departments, the correction shall be within 5 years; ④ The correction period must be reviewed on site and the same as the production "Inspection...>>"